Role of opposition in Choosing the Head of various Independent bodies

March 6, 2023
Posted by: OptimizeIAS Team
Category: DPN Topics

Role of opposition in Choosing the Head of various Independent bodies

Subject: Polity

Section: National Bodies

Context: The supreme Court on March 2 gave a say to the Opposition in the selection of the Chief Election Commissioner and Election Commissioners, ruling that these officials would be appointed by the President based on the recommendation of a committee comprising the Prime Minister, Leader of Opposition in Lok Sabha, and Chief Justice of India (CJI).

Concept:

Body	Appointment	History of opposition dissent
CBI Director	Committee consisting of the Prime Minister, Leader of Opposition in Lok Sabha or leader of the single largest Opposition party, and the CJI or his nominee. The process of appointment was established by the Supreme Court’s Vineet Narain judgment(1997),and the changes made to The Delhi Special Police Establishment (DSPE)Act, 1946 by The Lokpal and Lokayuktas Act,2013.	In 2017, Congress president MallikarjunKharge,who was his party’s leader inLok Sabha, objected to Verma’s selection citing his lack of experience in theCBI. Kharge recorded his dissent in writing, but Verma was still appointed to the position, in which he served until January 2019
CIC	The Right To Information Act,2005,states That CIC and InformationCommissioners shall be appointed by the President on the recommendation of a committee consisting of the PM, Lok Sabha Leader of Opposition, and a Union Cabinet Ministers nominated by the PM.	In October 2020,Chowdhury strongly objected to the appointments of Information Commissioner Yashvardhan Kumar Sinhaas the new CIC and journalist Uday Mahurkar as Information Commissioner
NHRC	TheProtection of Human Rights Act,1993, states that the chairperson and members shall be appointed by the President on the Recommendation of a Committee Consisting Of the PM,Lok Sabha Speaker,Home Minister, Leader of Opposition in Lok Sabha and Rajya Sabha,and Deputy Chairman of RajyaSabha.	In June 2021,Kharge,Leader of Opposition in RajyaSabha,objected to the appointment of Justice Arun Mishra as NHRC chief, instead seeking member of the SCs or STs in the post.
CVC	CVC andVigilance Commissioner Shall Be Appointed The Recommendation of a panel of the PM, Home Minister,and Leader of Opposition in LokSabha.	In September 2010, the late Sushma Swaraj, then Leader of Opposition in Lok Sabha, recorded her dissent to the appointment of then Telecom Secretary PJ Thomas as CVC, the Supreme Court struck down Thomas’s appointment
Chairperson of lokpal	Selection of chairperson and members of Lokpal through a selection committee consisting of PM, Speaker of Lok Sabha, leader of opposition in Lok Sabha, Chief Justice of India or a sitting Supreme Court judge nominated by CJI. Eminent jurist to be nominated by President of India on basis of recommendations of the first four members of the selection committee “through consensus”.
Chairperson of lokayukta	The Lokayukta is appointed by the Governor of the State, through nomination by its Chief Minister (in consensus with Chief justice of the State High Court, Leaders of the Opposition in the Legislative Assembly and Legislative Council, Speaker of the Legislative Assembly and Chairman of the Legislative Council).